[Ord. No. 823; Ord. No. 95-1033 §§ 1-7]
Be it ordained by the Mayor and Council of the Borough of Bernardsville
that:
a.
It does hereby authorize continued participation in the Somerset
County Community Development Consortium.
b.
It does hereby authorize, ratify and confirm a certain agreement
(hereinafter referred to as "Contract") between the Borough of Bernardsville
and Somerset County entitled "Agreement Between the County of Somerset
and Certain Municipalities Located Therein For The Establishment of
Cooperative Means of Conducting Certain Community Development Activities."
c.
It hereby authorizes full participation of the Borough of Bernardsville
in all aspects of the activities provided for within the Contract
pursuant to the terms and conditions as more fully set forth in said
Contract.
d.
It hereby incorporates said Contract into this subsection by reference,
as if fully set forth herein.
e.
The Mayor and Borough Clerk are hereby authorized to execute the
Contract with the County and a copy of said Contract will remain filed
in the Office of the Clerk of the Borough of Bernardsville for public
inspection.
f.
This ordinance reaffirms Ordinance No. 823 set forth and amended in the Borough Code at Subsection 2-70.1.
g.
This subsection shall take effect upon adoption and publication in
accordance with law.
[Ord. No. 841]
a.
Pursuant to N.J.S.A. 40A:14-26 and N.J.S.A. 40A:14-156.1, the Mayor
and Borough Clerk of the Borough of Bernardsville in the County of
Somerset are hereby authorized to execute and attest a mutual aid
agreement with the Township of Mendham in the County of Morris for
the provision of police, fire protection and first aid services in
the event of emergency, such agreement to be subject to the following
terms and conditions to be included in the agreement:
1.
Each party agrees that in the event of a police, fire, or first aid
emergency within the mutual jurisdiction of the other party, police,
fire protection and first aid services and assistance will be provided
upon request and to the extent reasonably possible without endangering
persons or property within the municipality rendering such assistance.
2.
All mutual police, fire and first aid rendered pursuant to the mutual
aid agreement shall be provided without charge or expense to the municipality
receiving such assistance. Each party to the mutual aid agreement
acknowledges that in accordance with N.J.S.A. 40A:14-26 it shall be
solely responsible for the provision of any and all salary and other
benefits for its police, firemen and first aid personnel, whether
paid or volunteer, rendering assistance within the other municipality
to the same extent as if such individuals were performing their duties
within the municipality providing the assistance.
3.
The mutual aid agreement shall have an initial term of one year and shall be automatically renewed for additional and successive one year terms, unless and until one of the parties to the agreement elects to terminate said agreement by the adoption of an ordinance and delivery of a copy of the ordinance to the clerk of the other municipality. The mutual aid agreement authorized by this ordinance shall be entered into on behalf of the Borough of Bernardsville only after the Township of Mendham has adopted an ordinance authorizing such agreement, which ordinance shall contain provisions similar to those set forth in Subsections 1, 2 and 3 of Subsection a of this subsection.
[Ord. No. 546 §§ 1
— 4; Ord. No. 96-1051 §§ 1
—11]
This Mutual Aid Agreement ("Agreement") is made and entered
into by and between the Borough of Bernardsville, County of Somerset,
a Municipal Corporation of the State of New Jersey, and each other
participating municipality, as hereinafter defined. In consideration
of the mutual promises and covenants contained herein, the parties
agree as follows:
a.
Definitions. As used in this Agreement, the following phrases shall
have the following meanings:
1.
PARTICIPATING MUNICIPALITY — Shall mean each Municipal Corporation
of the State of New Jersey which has by ordinance entered into this
or a substantially similar Intermunicipal Agreement for Mutual Police
and Fire Aid.
2.
REQUESTING MUNICIPALITY — Shall mean a participating municipality
which has requested assistance pursuant to this Agreement.
3.
EMERGENCY — Shall mean any situation or combination of situations
which, in the opinion of the Chief of Police of a requesting municipality,
requires the assistance of police or fire personnel, or both, from
one or more participating municipalities to protect or promote the
public safety or welfare, or to protect police or fire personnel.
4.
CHIEF OF POLICE — Shall mean the Chief of Police or other head
of a municipal police department, or that person's designee.
5.
FIRE CHIEF — Shall mean the Fire Chief or other head of a municipal
fire department, or that person's designee.
b.
Purpose. It is to the mutual advantage and benefit of the participating
municipalities that each agree to render supplemental police and fire
assistance to any requesting municipality pursuant to this Agreement.
c.
Authority. Municipal corporations of the State of New Jersey are
authorized under N.J.S.A. 40A:14-156 et seq. to provide police and
fire assistance outside their territorial jurisdictions. Municipal
corporations of the State of New Jersey are authorized under N.J.S.A.
40:8A-1 et seq. to enter into interlocal services agreements with
other municipalities.
d.
Scope. This Agreement shall apply to every instance of fire or police
emergency assistance between participating municipalities.
e.
Intermunicipal Assistance. The Chief of Police of each participating
municipality is authorized to provide assistance to requesting municipalities,
to the extent possible without endangering persons or property within
the municipality rendering assistance. The members of each police
department and fire department supplying aid shall have the same powers,
authority, rights and immunities of the members of the police department
or fire department of the requesting municipality while providing
assistance to a requesting municipality.
f.
Expenses. Each participating municipality shall assume the costs
and expense of providing its personnel and equipment to the requesting
municipality, except when the requesting municipality receives State
or Federal aid by way of reimbursement. When State or Federal aid
is received by the requesting municipality, each participating municipality
shall certify its costs and expenses to the requesting municipality,
and the requesting municipality shall pay the costs and expenses of
each participating municipality to the extent necessary so that no
participating municipality bears a greater portion of unreimbursed
costs and expenses than the requesting municipality.
g.
Senior Ranking Officer. When police or fire assistance is requested
pursuant to this Agreement, the Chief of Police of the requesting
municipality shall be the senior ranking officer of all members of
any police department rendering assistance, and the Fire Chief of
the requesting municipality shall be the senior ranking officer of
all members of any fire department rendering assistance.
h.
Injury and Death Benefits. Members of any police department or fire
department who suffer injury while providing assistance pursuant to
this Agreement, or their legal representative if death results, shall
be entitled to all of the benefits they would have received if injury
or death had occurred in the participating municipality where their
duties are normally performed. The participating municipality where
their duties are normally performed shall provide such injury or death
benefits.
i.
Mutual Aid Operations Plan. The Mutual Aid Operations Plan promulgated
by the Somerset County Chiefs of Police Association, prescribing the
specifics of emergency reciprocal police and fire assistance, is hereby
incorporated by reference without inclusion in this Agreement.
j.
Withdrawal from Agreement. Any participating municipality may withdraw
from and terminate its part in this Agreement at the end of any calendar
year, provided that notice of its intention to terminate is given
no later than the prior November 12 to every other participating municipality.
Otherwise, the Agreement shall remain in force from year to year.
k.
Report to Governing Body. The Chief of Police and Fire Chiefs in
each participating municipality shall annually, as soon after the
end of the calendar year as practicable, furnish their respective
governing bodies summary reports of services rendered and received
under this Agreement, along with comments and recommendations.
[Ord. No. 766; Ord. No. 94-980 §§ 1-4]
a.
Title. This subsection shall be known and may be cited as the Cooperative
Pricing Ordinance of the Borough of Bernardsville.
b.
Authority. Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the
Mayor and Borough Clerk are hereby authorized to enter into a Cooperative
Pricing Agreement with the County of Somerset for the purchase of
work, materials and supplies and to participate in the Somerset County
Cooperative Pricing System.
c.
Contracting Unit. The County entering into contracts on behalf of
the Borough of Bernardsville shall be responsible for complying with
the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1
et seq.) and all other provisions of the revised statutes of the State
of New Jersey.
d.
Repeal of Previous Ordinance or Resolution. All ordinances or parts
thereof inconsistent with this subsection shall be and the same are
hereby repealed.
[Ord. No. 725]
a.
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor and
Borough Clerk are hereby authorized to enter into a Cooperative Pricing
Agreement with the Board of Education of the Borough of Bernardsville
and/or the Board of Education of the Township of Wayne for the purchase
of work, materials and supplies and to participate in a Cooperative
Pricing System.
b.
The Board of Education of the Borough of Bernardsville and/or the
Board of Education of the Township of Wayne shall be responsible for
complying with the provisions of the Local Public Contracts Law (N.J.S.A.
40A:11-1 et seq.) and all other provisions of the revised statutes
of the State of New Jersey.
c.
All ordinances or parts of ordinances inconsistent with the provisions
of this subsection are hereby repealed to the extent of the inconsistency.
[Ord. No. 578]
a.
Joint Services.
1.
Authorization.
(a)
Pursuant to the Interlocal Services Act, N.J.S.A. 40:8A-1 et
seq., the Mayor and Borough Clerk are hereby authorized to enter into
a contract on behalf of the Borough for the provision of local public
health services (pursuant to N.J.S.A. 26:3A 2-1, et seq.) as herein
specified with any or all of the following local units:
(b)
The respective Boards of Health within the above local units
also may become a party to the contract in accordance with N.J.S.A.
40:8A-3.
2.
Nature and Extent of Local Public Health Services. The terms, conditions
and pro-rata consideration for local public health services shall
be in accordance with a proposed contract between the participating
local units and respective Boards of Health, copies of which contract
are available for public inspection in the Municipal Clerk's office
at the Borough Building, Mine Brook Road, Bernardsville, New Jersey,
Mondays through Fridays between the hours of 9:00 a.m. and 4:00 p.m.,
prevailing time.
[Ord. No. 533]
a.
Categories of Work, Materials and Supplies Authorized to be Acquired.
A joint purchasing program pursuant to N.J.S.A. 40A:11-10 et seq.
be and hereby is authorized for the acquisition of all services, materials
and supplies necessary for the operation of the Public Works Departments
and the maintenance of the buildings and grounds of the Borough of
Bernardsville, Township of Warren and Township of Bernards as well
as the completion of any public works projects in the aforesaid municipalities.
b.
Manner of Advertising for Bids. A single advertisement for bids with
materials, services and supplies to be purchased shall be placed on
behalf of the participants hereunder desiring to purchase any item
set forth above by a single advertisement by one of the three participants
on behalf of all participants. The advertising shall be placed by
the participants, agreed upon by all participants and the responsibility
for such advertising shall alternate from time to time.
c.
Manner of Awarding Contracts. The participant selected to advertise
for bids shall receive the bids on behalf of all participants. Following
receipt of bids, copies of the bids shall be forwarded to each participant
who shall, after review and approval of same, make separate awards
to the lowest responsible bidder for each separate item. The bid surety
is to be posted to and retained by the designated receiving participant
until authorized to release same by the interested participants. It
shall then be the responsibility of each participant to secure individual
contracts.
d.
Payment for Services, Materials and Supplies. After the award of
bids, each municipality shall order the materials, work and supplies
in the quantity or quantities required. Successful bidders shall bill
the municipalities separately for materials, services and supplies
received, and payments shall be made directly to the bidder by each
such agency. No participant in this program shall be responsible for
payment for any materials to be used by any other participant.
e.
Other Ordinances. All ordinances or parts of ordinances inconsistent
herewith be and the same are hereby repealed.
f.
Effective Date. This subsection shall take effect upon final passage
and publication as provided by law.
[Ord. No. 506]
a.
Pursuant to the provisions of N.J.S.A. 40A:11-10, et seq., the Borough
of Bernardsville is hereby authorized to enter into contracts with
the County of Somerset for the joint use by the Borough of Bernardsville
and other municipalities in the County of Somerset of administrative
services and facilities of the Office of Purchasing Agent of the County
of Somerset appropriate to the procurement of certain materials, supplies,
and equipment which may be determined to be required from time to
time by the Borough of Bernardsville and which the Borough of Bernardsville
may otherwise lawfully purchase for itself. The services and facilities
of said Office of County Purchasing Agent shall be provided without
cost to the Borough of Bernardsville.
b.
The proper municipal officials of the Borough of Bernardsville are
hereby authorized and empowered to execute on behalf of the Borough
all such contracts with the County of Somerset for Joint Public Bidding.
c.
All ordinances or parts of ordinances inconsistent with the provisions
of this subsection are hereby repealed to the extent of the inconsistency.
d.
This subsection shall take effect upon final passage and publication
as provided by law.
[Ord. No. 837]
a.
The Borough of Bernardsville hereby agrees to become an initial member
in the Fund, for an initial period of one year commencing on January
1, 1990 or soon thereafter as feasible for the purpose of establishing
the following lines of coverage:
1.
Excess Liability Coverage.
b.
The proposed Bylaws of the Fund dated January 30, 1988 are hereby
adopted and approved as same are finally approved by the Department
of Insurance and the Department of Community Affairs.
c.
The Mayor and Clerk, or such other administrative officials, are
hereby authorized and directed to execute a written agreement signifying
application for membership in the Fund and to execute such other agreements,
including but not limited to an indemnity and trust Agreement in order
to implement membership by this Municipality in the Fund according
to its terms. The Municipality may, at its option, rescind this subsection
if the following have not occurred within the time periods prescribed:
1.
Passage of an ordinance similar to this subsection by at least 10
municipalities or counties who are members of the Selective Agents
Municipal Pool Associated by January 30, 1988.
2.
Tentative approval of the establishment of the Fund by the Department
of Insurance and the Department of Community Affairs has not occurred
by January 30, 1988 or as soon thereafter as feasible.
3.
Approval of the establishment of the Fund by the Department of Insurance
and the Department of Community Affairs has not occurred by January
30, 1988 or as soon thereafter as is feasible.
d.
This subsection shall take effect after final passage and publication
as provided by law.
Former Subsection 2-70.11, pertaining to contracts for street
sweeping services, previously codified herein and containing portions
of Ordinance No. 93-971, was repealed in its entirety by Ordinance
No. 2013-1642.
[Ord. No. 94-981 §§ 1
— 4]
a.
The Mayor and Borough Clerk are hereby authorized and directed to
enter into the attached contract with the N.J.H.M.F.A. for the purpose
of the N.J.H.M.F.A. conducting the affordability controls of the Borough
of Bernardsville's low/moderate income inclusionary development located
on municipally owned property known as Lots 1.01 through 1.26, Block
114.
b.
The Borough Administrator is hereby appointed as staff liaison to
the N.J.H.M.F.A. or the Department of Community Affairs of the State
of New Jersey, as applicable, for the purpose of coordinating the
implementation of the attached contract.
c.
The Affirmative Marketing Plan attached to said contract as Exhibit
B is hereby adopted as the Affirmative Market Plan of the Borough
of Bernardsville.
d.
This subsection shall take effect immediately upon its final passage
and publication as provided by law.
a.
Authority and Purpose. N.J.S.A. 40A:65-4 et seq., authorizes any
Local Unit of the State to enter into a contract with any other Local
Unit or units within the State for the joint provision within their
territorial jurisdictions of any service which any party to the Agreement
is empowered to render within its own jurisdiction. Municipalities
of the State of New Jersey are authorized under N.J.S.A. 40A:14-156
et seq., in the event of an emergency, to provide police assistance
outside their territorial jurisdictions in order to protect life and
property or to assist in suppressing a riot or disorder. The Participating
Local Units have determined that it is in their mutual best interest
and benefit that each agrees to render supplemental police assistance
to any Requesting Local Unit pursuant to the terms and conditions
as set forth herein.
[Ord. No. 15-1679 Preamble]
b.
The Mayor and Clerk are hereby authorized to execute the Mutual Police
Aid Agreement, a copy of which is attached hereto and which is incorporated
in Ordinance #2015-1679 by reference.
c.
Agreement as adopted by
[Ord. No. 2015-1679.
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MUTUAL POLICE AID AGREEMENT
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This MUTUAL AID AGREEMENT (hereinafter referred to as the "Agreement")
is made this _____ day of __________, 20_____, by and between the
Township of Bedminster, Township of Bernards, Borough of Bernardsville,
Borough of Bound Brook, Township of Bridgewater, Township of Branchburg,
Borough of Far Hills, Township of Franklin, Township of Green Brook,
Township of Hillsborough, Borough of Manville, Borough of Millstone,
Township of Montgomery, Borough of North Plainfield, Borough of Peapack-Gladstone,
Borough of Raritan, Borough of Rocky Hill, Borough of Somerville,
Borough of South Bound Brook, Township of Warren, Borough of Watchung,
Somerset County Prosecutor's Office and the Somerset County Sheriff's
Department (hereinafter referred to as "Participating Local Unit",
as hereinafter defined).
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WITNESSETH
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WHEREAS, Agreements for shared service, N.J.S.A. 40A:65-4 et.
seq., authorizes any Local Unit of the State to enter into a contract
with any other Local Unit or units within the State for the joint
provision within their territorial jurisdictions of any service which
any party to the Agreement is empowered to render within its own jurisdiction;
and
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WHEREAS, Municipalities of the State of New Jersey are authorized
under N.J.S.A. 40A:14-156 et. seq., in the event of an emergency,
to provide Police assistance outside their territorial jurisdictions
in order to protect life and property or to assist in suppressing
a riot or disorder; and
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WHEREAS, N.J.S.A. 40A:14-156.1 provides that such municipalities
may enter into an agreement for reciprocal ordinances relating to
shared police services in the case of emergencies, and such Agreement(s)
may cover reimbursement such as for officers and personnel, equipment,
land, and the like, and other such provisions as allowed by statute;
and
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WHEREAS, Officers have the general authority to answer a call
or assist in a contiguous municipality pursuant to neighboring municipalities'
practice of covering for each other when necessary to perform police
duties, and no ordinance or formal mutual aid policy agreement is
necessary to implement mutual aid in such contiguous communities (see
cases such as State v. Montalvo, 280 N.J. Super. 377 (App. Div. 1995);
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WHEREAS, instances shall occur where assistance will be necessary
from non-contiguous municipalities, and the purpose of this formal
mutual aid agreement is to address the guidelines for such instances.
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WHEREAS, while it is acknowledged that Borough of Millstone
and Borough of Rocky Hill do not have police departments and rely
upon the New Jersey State Police for primary law enforcement service
and response, both Local Units do request mutual police aid from police
departments of neighboring Local Units; and
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WHEREAS, the Participating Local Units have determined that
it is in their best interest and benefit that each agree to render
mutual police aid to any Requesting Local Unit pursuant to the terms
and conditions as set forth herein.
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NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties agree as follows:
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1.
Definitions. As used in this agreement,
the following words shall have the following meanings:
A.
CHIEF OF POLICE - Shall mean the Chief of Police, Director of Police,
the County Prosecutor and the County Sheriff or that person's designee.
As Millstone Borough and Rocky Hill Borough do not have police departments
(and, therefore, no Chiefs of Police), provisions are addressed herein
which designate and authorize personnel from the New Jersey State
Police to request Mutual Police Aid on behalf of said Local Units.
B.
LOCAL UNIT - Means a Municipality, County, or a regional authority
or district other than an interstate authority or district. N.J.S.A.
40:65-3
C.
MUTUAL POLICE AID - Shall mean any situation or combination of situations
which, in the opinion of the Chief of Police of a Requesting Local
Unit, requires the assistance of Police from one or more Participating
Local Unit(s). This Agreement shall apply to any type of Police or
Law Enforcement assistance or service that is requested by the Chief
of Police in one or more Local Unit(s) and accepted by the Chief of
Police in a Participating Local Unit or Units. (N.J.S.A. 40A:65-7(1)).
The members of each police department supplying aid shall have the
same powers, authority, rights and immunities of the members of the
Police Department of the Requesting Local Unit while providing assistance
to the Requesting Local Unit
D.
PARTICIPATING LOCAL UNIT - Shall mean any Local Unit which has, by
ordinance or resolution, entered into this Interlocal Services Agreement
for Mutual Police Aid.
E.
POLICE POWERS - Shall mean that each Police Officer shall have all
of the powers of peace officers as permitted by N.J.S.A. 40A:14.152,
while assisting a Local Unit and the sharing of services as permitted
in N.J.S.A. 40A:65-4. Each Police Officer is acting under lawful authority
beyond the territorial limits of his employing municipality or other
appointing authority, and is conferred with all the powers of an Officer
appointed by the Requesting Local Unit.
F.
REQUESTING LOCAL UNIT - Shall mean a Participating Local Unit which
has requested assistance pursuant to this Agreement.
G.
SERVICE - Means any of the powers, duties and functions exercised
or performed by a Local Unit by or pursuant to law.
H.
POLICE OFFICER - Shall mean a Police Officer or other Law Enforcement
Officer as defined in N.J.S.A. 40A:14-152.2.
I.
EMERGENCY FOR PURPOSES OF THIS AGREEMENT, THE TERM "EMERGENCY" -
Shall be defined but not limited to include situations in which the
number of available police officers in a participating municipality
is insufficient to meet the public need in a particular situation
and/or situations where police aid involving special expertise, training
or equipment is required in order to protect life and property or
to assist in suppressing a riot or disorder. No formal declaration
of emergency is required to implement the provisions of the mutual
aid agreement.
J.
ASSISTING LOCAL UNIT - Shall mean a Participating Local Unit which
has provided assistance pursuant to this Agreement.
K.
LOCAL UNIT - Shall be defined as any municipality, county, and/or
authority that has, by ordinance or resolution, entered into this
Interlocal Services Agreement for Mutual Police Aid.
2.
Purpose. It is to the mutual advantage and benefit of the Participating
Local Units that each agrees to, consistent with this Mutual Police
Aid Agreement, render supplemental Police or Law Enforcement Assistance
to any Requesting Local Unit pursuant to this Agreement. Accordingly,
the purpose of this Agreement is to memorialize (a) the terms and
conditions by which the Participating Local Units shall undertake
to request mutual police aid and respond to said requests and (b)
particulars associated with same.
3.
Authority. N.J.S.A. 40:65-1, et. seq. any Local Unit of this State
may enter into a contract with any other Local Unit or Units for the
joint provision, within their several jurisdictions, of any service,
including services incidental to the primary purposes of the Local
Unit which any party to the agreement is empowered to render within
its own jurisdiction.
4.
Scope. This Agreement shall apply to any type of Police or Law Enforcement
assistance or service that is requested by the Chief of Police in
one or more Local Unit(s) and accepted by the Chief of Police in a
Participating Local Unit or Units. (N.J.S.A. 40A:65-7(1)).
5.
Inter-Local Unit Assistance. The Chief of Police of each Participating
Local Unit is authorized to provide Mutual Police Aid to a Requesting
Local Unit and to request Mutual Police Aid to a Participating Local
Unit to the extent possible without endangering persons or property
within the Local Unit rendering assistance. The members of each police
department supplying aid shall have the same powers, authority, rights,
and immunities of the members of the Police Department of the Requesting
Local Unit while providing assistance to a Requesting Local Unit.
(N.J.S.A. 40A:65-8).
6.
State Police Designation by Millstone and Rocky Hill. For purposes
of requesting and effectuating mutual police aid hereunder, Millstone
Borough and Rocky Hill Borough designate representatives of the New
Jersey State Police as the individuals authorized to request Mutual
Police Aid from Participating Local Units.
7.
Expenses. Aid will be provided at no cost for the first eight hours
of each incident, regardless of the numbers of persons sent. After
eight hours of aid, the cost shall be as follows:
(a)
Labor force. Charges for labor force shall be in accordance
with the prevailing rate of pay for the Aiding Local Unit's standard
practices. The Requesting Local Unit shall be billed for each hour
per person that a person is supplied beyond the first eight hours.
(b)
Equipment. Charges for equipment, including but not limited
to, vehicles, boats, rescue equipment, flares, barricades and other
special equipment used by the Aiding Local Unit, shall be billed at
the reasonable and customary rates for such equipment in the Requesting
Local Units location.
(c)
Transportation. The aiding Local Unit shall transport needed
personnel and equipment by reasonable and customary means and shall
charge reasonable and customary rates for such transportation and
fuel related costs.
(d)
Meals, lodging and other related expenses. Charges for meals,
lodging and other expenses related to the provision of aid pursuant
to this Agreement shall be the reasonable and actual costs incurred
by the Assisting Local Unit.
(e)
Somerset County Teams Exempt. Personnel assigned, on loan or
that participate on one of the Somerset County teams (e.g., Narcotics
Task Force, Emergency Response, etc.) are exempt from this section
(6).
8.
Senior Ranking Officer. When police assistance is requested and that
request is appropriate pursuant to this Agreement, the Chief of Police
or his/her designee of the Requesting Local Unit shall be the senior
ranking Officer. An Officer responding to provide aid regardless of
their rank shall take direction from the ranking Officer of the Requesting
Local Unit.
9.
Injury and Death Benefits. Police Officers shall be entitled to any
and all pension, relief, disability, workers compensation, insurance
and/or other benefits for which they are entitled and/or provided
by or through their existing employer while performing duties within
the "requesting local unit", as provided under N.J.S.A. 40A:14-152.2.
10.
Tort Liability. Police Officers shall be afforded all of the privileges,
immunities and defenses for tort liability for any actions taken by
those Police Officers pursuant to this agreement.
11.
Indemnification. The Requesting Local Unit, agrees to indemnify and
hold harmless the Assisting Local Unit, its officers, directors and
employees (including but not limited to, any Assisting Local Unit
employees which are provided for use by the Requesting Local Unit
in accordance with this Agreement) from any liability or claims arising
out of their action or service for the Requesting Local Unit for the
purposes of functions described in this agreement.
The Requesting Local Unit's obligation to indemnify shall include
and not be limited to, the provisions of legal defense by counsel
chosen and/or approved by the Requesting Local Unit, at its own cost
and expense. The Requesting Local Unit reserves the right, as legally
and ethically as possible, to defend and indemnify the assisting Local
Unit, its officers, directors and employees with the same legal counsel
that it has retained in the action and shall provide legal counsel
for that purpose.
In the event any claim or action is brought against the Assisting
Local Unit and/or their officer(s), director(s) or employee(s) as
a result of actions or services performed in and for the Requesting
Local Unit in accordance with the terms of this agreement, result
in a judgment against the Assisting Local Unit or the officer(s),
director(s) or employee(s), the Requesting Local Unit shall indemnify
and hold the Assisting Local Unit and its officer(s), director(s)
or employee(s) harmless for any and all counsel fees and from the
payment of any claim or judgment by immediately paying said claim
or posting necessary bonds or sureties during the pendency of any
appeal so that neither the Assisting Local Unit and/or the officer(s),
director(s) or employee(s) is required to pay any portion of the judgment
from their own funds.
The Requesting Local Unit's obligation to indemnify and hold
the Assisting Local Unit, its officer(s), director(s) and employee(s)
harmless shall not apply to any actions in which the Assisting Local
Unit and/or its officer(s), director(s) or employee(s) perform acts
or actions which are outside the scope of their respective responsibilities
as assigned to them by the Requesting Local Unit to perform acts or
actions which are unlawful, illegal or contrary to the policy of the
Requesting Local Unit.
12.
Withdrawal from Agreement. Any Participating Local Unit may withdraw
from and terminate its part in this Agreement at the end of any calendar
year, provided that notice of its intention to terminate is given
no later than the prior November 12th to every other Participating
Local Unit. Otherwise, the Agreement shall remain in force from year
to year.
13.
Reporting to Governing Body. The Chief of Police in each Participating
Local Unit shall upon request, as soon after the end of the calendar
year as practicable, furnish their respective governing bodies summary
reports of services rendered and received under this Agreement, along
with comments and recommendations.
14.
Resolution/Ordinance. Each participating Local Unit shall, within
30 days of signing this Agreement, pass an appropriate Resolution/Ordinance
memorializing the execution of this Agreement and intent to comply
with each of the terms contained therein.
15.
Police Emergency Response Plan. The Participating Local Units recognize
the existence of the Somerset County Police Emergency Response Plan
"(SCPERP") which was drafted by a special committee of the Somerset
County Association of Chiefs of Police. SCPERP was formulated for
the purpose of addressing large-scale events (e.g., active shooter
incidents, hostage standoffs, and natural disasters) requiring a law
enforcement response, and the plan sets forth procedures to facilitate
the deployment of a variety of law enforcement resources (human or
otherwise) for said large-scale events. Whereas, this Agreement outlines
the scope and authority of Police Mutual Aid, SCPERP is a particularized
plan. This Agreement is not intended to replace SCPERP and vice versa.
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IN WITNESS THEREOF, the Participating Local Units shall cause
this agreement to be executed by their proper officials and their
proper seals affixed this day and year above written.
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[1]
Editor's Note: Ord. No. 94-997 and Ord. No. 08-1492 adopted
prior mutual police aid agreements.
Former Subsection 2-70.14 pertaining to expenses and personnel
in the enforcement of the Construction Codes, previously codified
herein and containing portions of Ordinance No. 94-1006, was repealed
in its entirety by Ordinance No. 2013-1642.
[Ord. No. 95-1047 §§ Preamble,
1, 2]
a.
Preamble. The Interlocal Services Act, N.J.S.A. 40:8A-1, et seq.
provides a mechanism through which local units may enter into agreements
for the joint provision within their several jurisdictions of any
service which any party to the agreement is empowered to render within
its own jurisdiction; and
N.J.S.A. 40:8A-4 provides that a municipality may authorize
an interlocal services agreement by ordinance, and N.J.S.A. 40:8A-6
sets forth the terms that must be included in an interlocal services
agreement. The Borough of Bernardsville and the County of Somerset
wish to enter into an interlocal services agreement for the implementation
of a drug and alcohol policy, including random testing.
b.
Implementation. The Mayor and Clerk are authorized and directed to
execute the interlocal services agreement with Somerset County for
the implementation of a drug and alcohol policy, including random
testing.
c.
Public Inspection. A copy of the agreement shall be available for
public inspection during normal business hours at the office of the
Borough Clerk.
